Bombay High Court
RAJESH SAKALDEV YADAVversusSTATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Allowed To be withdrawn
Holding
The petition for lodging of a crime is not maintainable, and leave to withdraw was granted, resulting in the petition’s disposal.
Summary
The petitioner filed a writ petition seeking the lodging of a crime based on a complaint dated 22 August 2025. The High Court noted that, in light of the Supreme Court’s decision in Sujal Vishwas Attavar & Anr. v. State of Maharashtra (2026 SCC OnLine SC 798), such a petition is not maintainable. Consequently, the petitioner’s counsel requested permission to withdraw the petition. The Court granted leave to withdraw and disposed of the petition as withdrawn.
Issues considered
- Whether a writ petition for the lodging of a crime is maintainable after the Supreme Court’s decision in Sujal Vishwas Attavar.
- Whether the petitioner is entitled to leave to withdraw the petition.
Subjects
- criminal procedure
- writ petition
- lodging of FIR
- maintainability
- withdrawal of petition
Judgment
Sbw 17-WP-1641-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.1641 OF 2026
Rajesh Sakaldev Yadav … Petitioner
V/s.
State of Maharashtra & Ors. … Respondents
Mr. Viral Rathod a/w Mrs. Shahjahan Vasaya, Mr. Akhilesh Angane i/by Mr.
Vishwatej Jadhav for the Petitioner.
Mr. Ajay Patil, APP, for the Respondent-State.
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 25th August, 2026
P.C.:-
1) In view of the decision of the Supreme Court in the case of
Sujal Vishwas Attavar & Anr. vs. The State of Maharashtra & Ors. reported
in 2026 SCC OnLine SC 798, the present Petition for lodgment of a crime
on the basis of the complaint dated 22nd August, 2025 filed by the Petitioner
with the concerned Police Authority, is not maintainable.
2) Learned Advocate for the Petitioner therefore seeks leave to
withdraw the Petition.
SANDHYA by
Digitally signed
SANDHYA
BHAGU
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BHAGU WADHWA
WADHWA Date: 2026.08.29
09:52:26 +0530
Sbw 17-WP-1641-2026.doc
2.1) Leave granted.
3) Disposed off as withdrawn.
(KAMAL KHATA, J.) (A.S. GADKARI, J.)
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